Questions tagged [writ-of-mandamus]

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9 votes
3 answers

What is a Writ and who can issue one?

What is a Writ and who can issue it? Can a normal person issue a writ on some normal person or should be done on an institution? I'm asking this with respect to India. Is the meaning the same across ...
Newbie's user avatar
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7 votes
2 answers

If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or ...
isakbob's user avatar
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4 votes
2 answers

Under what circumstances is the writ of mandamus normally used?

Currently the State of Maryland and the District of Columbia are pursuing a case against the President of the United States regarding alleged violations of the emoluments clause. As described by ...
Dan Bryant's user avatar
2 votes
1 answer

What is the difference between mandamus and injunction? What if the party is a government official?

Wikipedia defines mandamus as: Mandamus is a judicial remedy in the form of an order from a court[1] to any government, subordinate court, corporation, or public authority, to do (or forbear from ...
robertspierre's user avatar
1 vote
1 answer

How did judicial review in the United States develop out of prerogative writs?

In this video, at 58:15 Justice Scalia says that the judicial review concept in the United States developed out of the prerogative writs: mandamus and injunction. What does he mean by that? How did ...
robertspierre's user avatar
1 vote
2 answers

Would a political candidate have standing to sue for a writ of mandamus for the IRS to enforce the Johnson amendment?

I was brainstorming who might have standing to see to bring such a suit. If a religious organization is directly supporting a political candidate's rival, would that grant standing to bring a suit? ...
Alan's user avatar
  • 795
0 votes
1 answer

Can a writ of mandamus be filed in any Indian High Court?

I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within ...
noisyoscillator's user avatar
0 votes
1 answer

What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?

In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution? I know West ...
Cicero's user avatar
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-1 votes
2 answers

Are writs rooted in equity?

Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. ...
TylerDurden's user avatar
-2 votes
2 answers

How does Judge Sullivan have standing?

As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case. As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that ...
Oliver's user avatar
  • 217